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| UNDUE INFLUENCE AND INCOMPETENCE CASES IN THE PROBATE COURTS
Thursday, September 20, 2007 An aging population is spawning a flood of litigation in the Probate and Family Court involving wills, trusts and conveyances. Simultaneously, a growing body of medical evidence in this area is casting new light on how undue influence and incompetence is proven. The new Appeals Court decision in Estate of Moretti may shift the burden of proof to parties who have thought their actions were safe from any real scrutiny. Inconsistent evaluations by treating physicians often make trial of these cases challenging and the outcomes depend on expert testimony. This expert panel will discuss approaches to pleading and trying cases of undue influence and incompetence, with a focus on emerging medical information on the roles of memory and judgment in decision making. Attendees will learn how to marshal, evaluate and present medical evidence and important considerations for the use of expert witnesses. Judges on the panel will offer practical tips as to what evidence and arguments are most convincing in this developing area of the law. For more information, or to register click here. |